Lester & Lester v. Fowler
Supreme Court of Georgia
Parol evidence to vary writing. Before Judge Knight. Forsyth Superior Court. April, 1871. Fowler and one Dunaway, in 1857, gave to Lester & Lester their promissory note for $20 00, due one day after date.
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Parol evidence to vary writing. Before Judge Knight. Forsyth Superior Court. April, 1871. Fowler and one Dunaway, in 1857, gave to Lester & Lester their promissory note for $20 00, due one day after date. "When sued upon it, they ¡^leaded the Scaling Ordinance, and that the consideration had failed. • On the trial, the makers and a person who was present when the contract was made, testified that the note was given to get Lester & Lester to defend the makers for riot, and that they told defendants that if they proved what they said they could, they should be cleared or not have to pay the…
1Opinion of the Court
Warner, Judge.
It was error in the Court in not sustaining the plaintiffs’ certiorari and ordering a new trial in the Justice’s Court.
Let the judgment of the Court below be reversed.
2Cited by15 opinions
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- Smith v. Standard Oil CompanySupreme Court of Georgia · 1971
- Roberts v. Investors Savings Co.Supreme Court of Georgia · 1922
- Lee v. GarlandSupreme Court of Georgia · 1951
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